Understanding and Managing Bias in Hiring
Hiring the right people is one of the most important steps in building a productive and inclusive workplace. But when bias, conscious or unconscious, influences hiring decisions, employers risk violating the Ontario Human Rights Code, facing costly complaints, and damaging their reputation.
In Ontario, employers have a legal duty to ensure hiring practices are fair, objective, and non-discriminatory. Understanding how bias can affect recruitment decisions is key to protecting both your organization and your team.
What Is Bias in Hiring?
Bias in hiring occurs when decisions are influenced by personal characteristics, assumptions, or stereotypes unrelated to job performance. Bias can be:
- Explicit bias: conscious prejudice or stereotypes that influence decision-making
- Implicit bias: unconscious assumptions that subtly affect judgment and behaviour
Both forms of bias can lead to discriminatory hiring practices and potential violations of the Ontario Human Rights Code, which prohibits discrimination in employment based on factors such as race, gender, disability, age, and other protected grounds.
Common Hiring Biases Employers Should Watch For
Even well-intentioned employers can fall into bias traps during recruitment. Some of the most common include:
- Affinity Bias: Preferring candidates with similar backgrounds or interests.
- Confirmation Bias: Seeking information that supports first impressions.
- Halo Effect: Allowing one positive trait to overshadow other considerations.
- Name or Appearance Bias: Making assumptions based on a person’s name, accent, or appearance.
Unchecked, these biases can limit diversity, discourage qualified applicants, and increase exposure to human rights complaints.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“Eliminating bias in hiring is not just about compliance, it’s about protecting your organization from legal exposure while building a stronger, more inclusive workforce. Employers who take proactive steps today are safeguarding their future success.”
Legal Risks for Ontario Employers
When bias seeps into hiring decisions, the consequences can be significant. A job applicant who believes they were denied employment due to discrimination may file a complaint with the Human Rights Tribunal of Ontario (HRTO).
Employers found in violation may face:
- Public HRTO hearings and orders to revise hiring processes
- Monetary damages awarded to affected applicants
- Harm to organizational reputation and employee morale
In addition, employers must ensure hiring practices align with the Employment Standards Act, 2000 (ESA) and Pay Equity Act, particularly where bias affects compensation or advancement opportunities.
If a workplace investigation later reveals a pattern of bias in hiring or promotions, liability and public scrutiny can increase.
How Ontario Employers Can Reduce Hiring Bias
To minimize legal risk and promote fairness, employers should take proactive steps to identify and reduce bias throughout the hiring process:
- Develop clear, written hiring policies that align with the Human Rights Code.
- Provide training for all individuals involved in recruitment on bias awareness and inclusive hiring.
- Use structured interviews with consistent, objective scoring systems.
- Avoid personal questions unrelated to job requirements.
- Assemble diverse hiring panels to bring multiple perspectives.
- Implement blind resume screening by removing identifying information such as names and photos.
These strategies demonstrate due diligence, foster inclusivity, and help attract top talent while complying with Ontario’s human rights legislation.
Writing Inclusive Job Postings and Conducting Bias-Free Interviews
A hiring process free from bias starts with the job posting. Biased language or unnecessary requirements can discourage qualified candidates from applying.
When drafting job postings:
- Focus on essential skills, experience, and responsibilities.
- Avoid language that implies preferences based on age, gender, or personal characteristics.
- Ensure accessibility by accommodating candidates with disabilities.
During interviews, avoid questions about:
- Marital or parental status
- Religious affiliation or practices
- Disabilities or medical history
- Citizenship, place of origin, or ethnicity
Instead, focus on whether the candidate can perform the essential duties of the role and what accommodations may be required under the Human Rights Code.
Don’t Skip Internal Audits
Bias can persist unnoticed unless employers actively look for it. Conducting regular internal audits of hiring data helps identify trends and systemic barriers before they escalate.
An internal audit can help employers:
- Detect potential discrimination patterns
- Track diversity, equity, and inclusion (DEI) progress
- Address issues before they lead to complaints or litigation
Employers should also review hiring and accommodation policies regularly and seek legal input to ensure continued compliance with Ontario law.
When a Workplace Investigation Uncovers Hiring Bias
If an internal or external investigation reveals biased hiring practices, prompt and corrective action is essential. Employers should:
- Review and update recruitment and selection policies
- Provide refresher training to HR teams and hiring managers
- Evaluate past hiring decisions for potential discrimination
- Take remedial measures where appropriate
Delaying corrective action can increase legal risk, attract regulatory attention, and undermine employee trust.
How an Employment Lawyer Can Help Employers
An experienced employment lawyer can help employers minimize legal risk and strengthen their hiring practices by:
- Drafting or revising recruitment and workplace policies
- Providing training on unconscious bias and human rights compliance
- Advising on discrimination complaints or HRTO proceedings
- Supporting workplace investigations and remediation plans
- Reviewing interview materials and job postings for compliance
Legal advice tailored to your organization ensures your hiring practices are legally sound, defensible, and inclusive.
Final Thoughts for Employers
Addressing bias in hiring is not only a legal obligation but also a business advantage. Fair, inclusive hiring practices build stronger teams, enhance your reputation, and reduce the risk of costly disputes.
By investing in training, auditing your processes, and seeking timely legal guidance, you can ensure your organization remains compliant and competitive.
Contact Achkar Law
If you are an Ontario employer looking to strengthen your hiring practices or respond to concerns about bias in recruitment, Achkar Law can help.
Our team of employment and human rights lawyers regularly advises employers on bias prevention, workplace investigations, and compliance with Ontario’s Human Rights Code.
Contact Achkar Law
Contact us today to speak with an experienced employment lawyer and protect your organization’s interests.;
Call toll-free: 1-800-771-7882 | Email: [email protected]
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©
Workplace Law Topics: Employment Policies and Procedures, Workplace Investigations